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Kansas Municipal Ordinance Implementation

Tier 2 — Proceed with Caution
4Target Cities
Home RuleHome Rule

Kansas possesses one of the strongest home rule frameworks in the nation. Article 12, Section 5 of the Kansas Constitution (adopted 1961) empowers cities to "determine their local affairs and government including the levying of taxes, excises, fees, charges and other exactions," with a mandatory liberal construction clause requiring "the largest measure of self-government." This constitutional entrenchment, combined with progressive urban targets (Lawrence, the Wyandotte County/KCK Unified Government, Topeka), an established ACLU-led election protection coalition, and a 250-foot electioneering buffer zone, makes Kansas a Tier 2 (Moderate viability) state. The unique Wyandotte Unified Government structure allows a single ordinance to cover an entire county under both city and county home rule authority — the strongest single target across the four-state Kansas-Missouri-Nebraska-Iowa campaign.

Home Rule Authority — Among the Nation's Strongest

Kansas possesses one of the strongest home rule frameworks in the nation. Article 12, Section 5 of the Kansas Constitution (adopted 1961) empowers cities to "determine their local affairs and government including the levying of taxes, excises, fees, charges and other exactions." The critical clause in Art. 12, Section 5(d) mandates that "[p]owers and authority granted cities pursuant to this section shall be liberally construed for the purpose of giving to cities the largest measure of self-government." This language is self-executing and constitutionally entrenched — the legislature cannot override it by ordinary statute.

Kansas operates as "Dillon's Rule in reverse" for cities. Under K.S.A. 12-101, cities can act on any subject where no state law exists (via ordinary ordinance), enact additional non-conflicting regulations compatible with uniform state law, and opt out of non-uniform state laws by charter ordinance. Cities face only three constitutional constraints: (a) enactments of statewide concern applicable uniformly to all cities; (b) uniform enactments limiting taxes by city class; and © enactments prescribing debt limits.

County home rule derives from statute (K.S.A. 19-101a, enacted 1974), not the constitution. This distinction matters: city home rule is constitutionally entrenched while county home rule can be modified by the legislature.

Key case law strongly supports expansive local authority. In Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990), the Kansas Supreme Court outlined four categories of home rule power: taxation, police power regulation, opting out of non-uniform laws via charter ordinance, and acting where no state law exists. In City of Junction City v. Lee, 216 Kan. 495, 532 P.2d 1292 (1975), the court upheld a city ordinance that went further than state law — the court held no conflict exists because the local law did not "authorize what state law prohibits or prohibit what state law authorizes." AG Opinion No. 2017-19 provides favorable precedent, concluding cities and counties may enact ordinances going beyond state law where state law does not expressly preempt.

The proposed ordinance falls squarely within police power and public safety regulation — the most historically protected area of local authority.

Preemption Landscape

Kansas election law (K.S.A. Chapter 25) contains no express preemption of city authority on election security matters. The most relevant preemption provision is K.S.A. 19-101a(a)(6), which subjects counties to "all acts of the legislature concerning elections, election commissioners and officers and their duties." This is an express preemption of county home rule on election matters — but it applies only to counties, not cities. The absence of equivalent city-level preemption is legally significant.

The strongest preemption analog is firearms preemption under K.S.A. 12-16,124, which provides total field preemption barring local ordinances governing "the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying, transporting or taxation of firearms or ammunition." The legislature's choice to enact express firearms preemption but not equivalent election-security preemption for cities creates a strong negative-inference argument — the legislature preempts when it intends to, and its silence on city election-security measures signals permissiveness.

Kansas does not currently have a general anti-sanctuary preemption law. However, SB 5 (2025) amended K.S.A. 25-2436 to prohibit acceptance of federal election funds without legislative approval, signaling growing hostility to local-federal election cooperation.

Statutes that could be weaponized: K.S.A. 12-16,124 (if the ordinance is characterized as firearms regulation); K.S.A. 25-125 (restricting modifications to election laws, though this targets the executive and judicial branches, not municipalities); and the SB 5 amendment to K.S.A. 25-2436.

Constitutional Basis

The ordinance's constitutional foundation rests on the anti-commandeering doctrine established in Printz v. United States (1997) and extended in Murphy v. NCAA (2018). The ordinance should be framed as a local resource allocation decision — the city exercising its constitutionally granted home rule authority to manage its own affairs.

18 U.S.C. Section 592 provides an unambiguous federal statutory foundation. The Brennan Center for Justice has confirmed this prohibition extends to all armed federal law enforcement, not just military. The ordinance can therefore be framed as local enforcement supporting existing federal law.

Kansas constitutional provisions further strengthen the ordinance: Art. 12, Section 5(d)'s liberal construction clause; Art. 5, Section 1's establishment of a state constitutional right to vote; and the Bill of Rights, Section 11, whose free speech protections Kansas courts have found at least as protective as the First Amendment (see LWV Kansas v. Schwab).

Section 2: Statute Localization Kit

Key Kansas Statutes:

  • K.S.A. Chapter 25 — Election Code
  • K.S.A. 25-2301 et seq. — Voter registration
  • K.S.A. 25-2430 — Electioneering buffer zone (250 feet; upheld in Clark v. Schwab, 2020)
  • K.S.A. 25-2415 — Voter intimidation (severity level 7, nonperson felony)
  • K.S.A. 25-3005a — Poll agents (appointed in writing, OBSERVER badges in 32-point type, one per entity per voting place)
  • K.S.A. 25-4401 through 25-4416 — Electronic and Electromechanical Voting Systems Act
  • K.S.A. 25-3009 — Post-election audits
  • K.S.A. 25-4701 through 25-4716 — HAVA administrative complaint procedure
  • K.S.A. 12-101 — Home rule city powers
  • K.S.A. 12-16,124 — Firearms preemption (total field preemption for local governments)
  • K.S.A. 19-101a — County home rule (statutory, not constitutional); subsection (a)(6) expressly preempts county authority on elections
  • K.S.A. 75-7c20 — Public building firearms restrictions (requires metal detectors and armed guards)
  • HB 2138 (2022) — Mandated voter-verified paper ballots with watermarks effective January 2024; prohibited internet-connected voting equipment
  • Kan. Const. Art. 12, Section 5 — Constitutional home rule for cities (liberal construction mandate)
  • Kan. Const. Art. 5, Section 1 — State constitutional right to vote

Kansas has no statutory prohibition on firearms at polling places. As a constitutional carry state since 2015, open carry is legal for anyone 18+ and concealed carry legal without a permit for anyone 21+. Even at school polling places, K.S.A. 21-6301(j)(4) permits voters to keep firearms in vehicles. A 2013 AG advisory opinion confirmed that concealed and open carry remain permitted at publicly owned polling places unless building-specific security measures are implemented. "No weapons" signs carry no criminal penalty; violators can only be asked to leave. No specific anti-paramilitary statute exists.

Federal private rights of action under 42 U.S.C. Section 1983 and Section 1985(3) are available, alongside the HAVA administrative complaint procedure (K.S.A. 25-4701-25-4716).

For a comprehensive statutory cross-reference, see the 50-State Viability Analysis.

Section 3: Target City Analysis

Lawrence (Douglas County) -- Population ~99,000 -- Passage Probability: HIGH

Commission-Manager government with 5 commissioners elected at-large; virtually all commissioners are Democrats. Home to the University of Kansas and Kansas Appleseed's headquarters. The city passed anti-discrimination ordinances and approved a sales tax increase for affordable housing in November 2024. Lawrence is a first-class city with full constitutional home rule. The combination of overwhelming progressive composition, robust civil liberties infrastructure, and strong organizational partners makes Lawrence the optimal first target in Kansas.

Kansas City, KS / Wyandotte County Unified Government -- Population ~156,000 -- Passage Probability: MEDIUM-HIGH

The consolidated city-county government (established 1997 under K.S.A. 12-345) features a Mayor-Council-Administrator structure with 10 commissioners plus an at-large mayor. The jurisdiction is heavily Democratic and the most diverse county in Kansas with significant Latino population. The structural advantage is unique: as a unified government, a single ordinance covers the entire county under both city home rule (Art. 12, Section 5) and county home rule (K.S.A. 19-101a). The city home rule framing partially sidesteps K.S.A. 19-101a(a)(6)'s county election preemption. No other Kansas municipality offers this combined coverage.

Topeka (Shawnee County) -- Population ~127,000 -- Passage Probability: MEDIUM

Council-Manager government with 9 members (3 at-large, 6 districts) plus directly elected mayor. More moderate than Lawrence politically; primary strategic value is symbolic significance as the state capital. First-class city with full home rule.

Manhattan (Riley County) -- Population ~55,000 -- Passage Probability: LOW-MEDIUM

Home to Kansas State University; Riley County leans Republican overall, making passage uncertain despite the university's progressive base.

County-Level Opportunities

County-level ordinances face a significant hurdle: K.S.A. 19-101a(a)(6) expressly preempts county home rule on "elections, election commissioners and officers and their duties." However, this limitation arguably addresses election administration, not local resource deployment for public safety. Douglas County (Lawrence area, population ~122,000) has a 5-member commission expanded from 3 in 2024, all Democratic. Wyandotte County is already covered through the Unified Government. Cities are the stronger vehicle in Kansas.

Section 4: Coalition Directory

ACLU of Kansas (Overland Park/statewide) — Runs Election Protection program (866-OUR-VOTE hotline, 7+ years); partners with Lawyers' Committee for Civil Rights and Stinson LLP; filed amicus in LWV Kansas v. Schwab; best partner for legal strategy. The 2023 joint voting rights campaign in Wyandotte County brought together ACLU Kansas, El Centro, LWV Topeka-Shawnee County, LWV Wichita-Metro, Loud Light, and MORE2.

Kansas Appleseed Center for Law and Justice (211 E. 8th Street, Suite D, Lawrence) — Litigation director Teresa Woody leads impact litigation; co-plaintiff in LWV Kansas v. Schwab; filed lawsuit challenging SB 4 (May 2025); best partner for legal drafting and Lawrence engagement.

Loud Light (Topeka-based, President Davis Hammet) — Youth voter focus; co-plaintiff in LWV Kansas v. Schwab; strong digital engagement capacity.

League of Women Voters of Kansas (statewide, Co-president Martha Pint) — Nonpartisan credibility; lead plaintiff in LWV Kansas v. Schwab.

MORE2 (Metro Organization for Racial and Economic Equity) (Kansas City area, Community Organizer Lucas Behrens) — Active in Wyandotte County voter access; best partner for KCK organizing.

Additional Partners: El Centro, Inc. (KCK/Olathe, Latino community), Disability Rights Center of Kansas, and Irigonegaray, Turney & Revenaugh LLP (pro bono election litigation).

Key Legislative Allies: House Minority Leader Brandon Woodard (D-Lenexa), Senate Minority Leader Dinah Sykes, Sen. Marci Francisco (D-Lawrence), and Sen. Ethan Corson (D-Fairway).

Opposition Landscape

AG Kris Kobach is the most dangerous opponent — he has a national profile on election restriction (see Fish v. Kobach, where his proof-of-citizenship requirement was struck down). The Kansas Legislature's Republican supermajority (31-9 Senate, 88-37 House) could pass retaliatory preemption legislation. Governor Laura Kelly (Democrat) saw 14 vetoes overridden in the 2025 session. The Kansas Rifle Association and NRA-ILA may characterize the ordinance as firearms regulation triggering K.S.A. 12-16,124.

The three most likely legal challenges: (1) K.S.A. 12-16,124 firearms preemption — arguing that restricting "armed" personnel constitutes firearms regulation (counter: the ordinance restricts deployment of personnel, not carrying of firearms); (2) election code preemption — arguing K.S.A. Ch. 25 comprehensively occupies election administration (counter: the ordinance addresses public safety, not election procedures); and (3) conflict preemption — arguing restriction of federal cooperation conflicts with state obligations (counter: no Kansas law requires cities to assist armed federal deployments at polls).

Section 5: Election Security Infrastructure

Kansas election administration is centralized under Secretary of State Scott Schwab (R), who serves as chief elections officer with authority derived from Article 1 of the Kansas Constitution and K.S.A. Chapter 25. The SOS was granted independent prosecutorial power over voter fraud in 2015. Kansas has 105 counties, each with a county election officer; in the four largest counties (Johnson, Sedgwick, Shawnee, Wyandotte), the SOS appoints election commissioners directly.

Major reform came through HB 2138 (2022), which mandated voter-verified paper ballots with distinctive watermarks effective January 1, 2024, prohibited internet-connected voting equipment, and expanded post-election audits. Kansas now uses hand-marked paper ballots with ES&S DS200 optical scanners in most counties, with ExpressVote ballot marking devices for ADA accessibility.

Kansas did not join the 19-state EO 14248 lawsuit. AG Kobach has focused on voter fraud prosecution rather than voter protection.

Cybersecurity Infrastructure & Capabilities

The Kansas Information Security Office (KISO), created by the Kansas Cybersecurity Act (House Sub. for SB 56, 2018), operates within the Office of Information Technology Services. A critical structural gap exists: the Act's definition of "executive branch agency" excludes elected offices including the Secretary of State, meaning election infrastructure falls outside mandatory KISO oversight. The Kansas Cybersecurity Task Force, created by Governor Kelly in 2021, provides cross-sector collaboration including the Kansas Intelligence Fusion Center Director.

Kansas joined MS-ISAC in June 2012 and EI-ISAC in April 2018. HAVA funding totals approximately $10.3 million in election security grants (2018-2025), with the 2018 allocation at $4,383,595. Kansas law explicitly directs KISO to coordinate with CISA for annual audits (K.S.A. 75-7239©(5)), creating a statutory gap if CISA services are defunded. Current spending allocates approximately 90% to cybersecurity initiatives, including monitoring cyber threats against local election offices.

Physical Security & Polling Place Protections

Kansas maintains one of the nation's largest electioneering buffer zones at 250 feet (K.S.A. 25-2430), upheld as constitutional in Clark et al. v. Schwab and Metsker (D. Kan., 2020). However, Kansas has no statutory prohibition on firearms at polling places. As a constitutional carry state since 2015, open carry is legal for anyone 18+ and concealed carry legal without a permit for anyone 21+. Even at school polling places, K.S.A. 21-6301(j)(4) permits voters to keep firearms in vehicles.

Poll watchers ("authorized poll agents") under K.S.A. 25-3005a must be appointed in writing, wear OBSERVER badges in 32-point type, and are limited to one per entity per voting place. Voter intimidation is a severity level 7, nonperson felony under K.S.A. 25-2415. No specific anti-paramilitary statute exists.

An ordinary home rule ordinance — not a charter ordinance — is recommended. A charter ordinance is necessary only to opt out of non-uniform state law (not applicable here), and ordinary ordinances avoid protest petition and referendum risk. Key Kansas-specific drafting adjustments: frame as police power/public safety (avoid "election regulation" language); use "armed federal personnel" rather than referencing firearms to avoid triggering K.S.A. 12-16,124; cite Art. 12, Section 5 and K.S.A. 12-101 explicitly; emphasize enforcement of 18 U.S.C. Section 592; frame city resource restrictions as "local affairs and government"; and include a severability clause.

Key Contacts:

  • Secretary of State: 800-262-VOTE (8683); sos.ks.gov
  • Attorney General: (785) 296-2215; ag.ks.gov
  • KISO: (785) 296-4999 or 1-833-765-2001
  • Division of Emergency Management: (785) 274-1401

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Kansas City, KS — ~157,000 Lawrence — ~97,000 Manhattan — ~55,000 Topeka — ~125,000